The Atlantic's Regulatory Rift: Analyzing the Divergent Paths of Competition Policy in the US and the EU With Regard to Big Tech

Scholars from both sides of the Atlantic have noted a perceived divergence in the objectives and practice of competition policy in the US and the EU. This paper investigates the reasons behind such a divergence focusing on ideology, legal systems, lobbying, and foreign policy. The most compelling reasons behind the differences we see in competition policy across the US and the EU is due to the US’ more laissez-fair approach to the economy and, as a byproduct, its legal system. With a particular emphasis placed on Big Tech, it is noted that differences in competition policy are exacerbated in this industry in large part due to the relative inefficacy of Big Tech to lobby the EU in comparison to their relative success in the US. This paper ends by discussing how foreign policy aims have recently begun to shape competition policy in both the US and the EU and the potential implications this could have going into the future.